5 ms·

This got a little too typically NYT generic and preachy at the end -- I was expecting either an altar call or somebody to pass a collection plate -- but the spe

This got a little too typically NYT generic and preachy at the end -- I was expecting either an altar call or somebody to pass a collection plate -- but the specific case about non-competes deserves some attention. For all the things California is doing to drive out businesses, one great thing about the state is that non-competes have very little weight. (In fact, this was what led Google and Apple to screw over the tech industry for many years, but I digress). The measures are very rarely enforced even in states that do support them. What with a new load of state legislators coming into office over the next few months, fixing non-competes in those other states is an easy win that could increase the state's competitiveness.

VLM 12y ago
"The measures are very rarely enforced" Don't get into an agreement you're not willing to enforce... lets be realistic, the victims are judgment proof, if they lose, the company might be able to repo their hat or apron, that's about it. Most likely result is if you quit and tell your boss you're going to a competitor of any sort in the food service industry, you won't get your last pay check. It'll cost too much to get it, so corporate wide its free money for the company across the large set of all employees.
- ceejayoz 12y ago
  Attempting to withhold a paycheck for hours worked will get the Feds involved, for free, very quickly.
  - x0x0 12y ago
    1 - not so quickly as all that; 2 - particularly if you don't know how to work the system, where to file a complaint, or how to get help; 3 - still a problem if you don't have the money to wait for that paycheck to show up for months or years
    - danielweber 12y ago
      It won't be "months or years." If you worked hours, the state will tell the company to pay you for that, now. Even if they are bankrupt.
      - x0x0 12y ago
        To introduce some actual evidence: No. In California, there's a fairly straightforward process, assuming you go through the CA Labor Commission instead of a lawsuit. If the employer contests your claim in any way, it basically takes at bare minimum 6 weeks to complete, and often longer. A normal timeline, in a contested case, would be bare minimum 8 weeks until cash in hand. Longer timelines are typical. You may read a description here: http://www.dir.ca.gov/dlse/howtofilewageclaim.htm http://www.dir.ca.gov/dlse/howtofilewageclaim.htm
        danielweber 12y ago
        I missed the evidence. California law provides for penalties payable to the employee, giving him his daily wage for each day the last payment is delayed. http://www.dir.ca.gov/dlse/faq_waitingtimepenalty.htm http://www.dir.ca.gov/dlse/faq_waitingtimepenalty.htm It typically isn't worth trying to dick over your old employee.
        x0x0 12y ago
        experience and the timeline in the pdf I linked You responded with the law, and a bunch of idiocy. Oh, it's against the law to dick over employees? Well then, it never happens -- case closed!

VLM 12y ago

"The measures are very rarely enforced" Don't get into an agreement you're not willing to enforce... lets be realistic, the victims are judgment proof, if they lose, the company might be able to repo their hat or apron, that's about it. Most likely result is if you quit and tell your boss you're going to a competitor of any sort in the food service industry, you won't get your last pay check. It'll cost too much to get it, so corporate wide its free money for the company across the large set of all employees.

ceejayoz 12y ago
Attempting to withhold a paycheck for hours worked will get the Feds involved, for free, very quickly.
- x0x0 12y ago
  1 - not so quickly as all that; 2 - particularly if you don't know how to work the system, where to file a complaint, or how to get help; 3 - still a problem if you don't have the money to wait for that paycheck to show up for months or years
  - danielweber 12y ago
    It won't be "months or years." If you worked hours, the state will tell the company to pay you for that, now. Even if they are bankrupt.
    - x0x0 12y ago
      To introduce some actual evidence: No. In California, there's a fairly straightforward process, assuming you go through the CA Labor Commission instead of a lawsuit. If the employer contests your claim in any way, it basically takes at bare minimum 6 weeks to complete, and often longer. A normal timeline, in a contested case, would be bare minimum 8 weeks until cash in hand. Longer timelines are typical. You may read a description here: http://www.dir.ca.gov/dlse/howtofilewageclaim.htm http://www.dir.ca.gov/dlse/howtofilewageclaim.htm
      - danielweber 12y ago
        I missed the evidence. California law provides for penalties payable to the employee, giving him his daily wage for each day the last payment is delayed. http://www.dir.ca.gov/dlse/faq_waitingtimepenalty.htm http://www.dir.ca.gov/dlse/faq_waitingtimepenalty.htm It typically isn't worth trying to dick over your old employee.
        x0x0 12y ago
        experience and the timeline in the pdf I linked You responded with the law, and a bunch of idiocy. Oh, it's against the law to dick over employees? Well then, it never happens -- case closed!